Summary

To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to... Read More

Status

This bill was passed by Congress on Dec 21, 2012 but was not enacted before the end of its Congressional session.

Date Introduced
Mar 29, 2012

Bill Text

A BILL

To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2013, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2013''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Joint Improvised Explosive Device Defeat Fund. Sec. 106. Defense Production Act purchases. Subtitle B--Specific Programs

Sec. 111. Multiyear procurement authority for Army Ch-47F helicopters. Sec. 112. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems. Sec. 113. Multiyear procurement authority for V-22 joint aircraft program. Sec. 114. Refueling and complex overhaul of the U.S.S. Abraham Lincoln. Sec. 115. Multiyear procurement authority for Virginia class submarine program. Sec. 116. Extension of multiyear procurement authority for F/A-18E, F/ A-18F, and EA-18G aircraft. Sec. 117. Authority for reallocation of certain aegis weapon system assets between and within the DDG-51 destroyer and Aegis Ashore programs in order to meet mission requirements. Sec. 118. Reduction in number of aircraft required to be maintained in strategic airlift aircraft inventory. Sec. 119. Quadrennial long-term plan for the procurement of aircraft for the Navy and the Air Force. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND...

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On December 31, 2011, President Obama signed the National Defense Authorization Act (NDAA), codifying indefinite military detention without charge or trial into law for the first time in American history. The NDAA’s dangerous detention provisions authorize the president — and all future presidents — to order the military to pick up and indefinitely imprison people captured anywhere in the world, far from any battlefield. We can't afford to continue wasting hundreds of billions of dollars on weapons of mass destruction and spy equipment to enrich the military industrial complex industry while millions of people are living in poverty, without the basic necessities of life.

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To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2013, and for other purposes. READ BETWEEN THE LINES!

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The Administration appreciates the House Armed Services Committee's continued support of our national defense and supports a number of the provisions in H.R. 4310, the National Defense Authorization Act for Fiscal Year 2013. In particular, the Administration appreciates the support of the Committee for authorities that assist the ability of the warfighter to operate in unconventional and irregular warfare, counter unconventional threats, or support contingency or stability operations. The Administration is disappointed, however, with the many provisions in this bill that impede the ability of the Secretary of Defense to carry out the 2012 defense strategic guidance. While there are a number of areas of agreement with the Committee, the Administration has serious concerns with provisions that: (1) depart from the President's fiscal year (FY) 2013 Budget request – in particular, increases to the topline request for the base budget; (2) constrain the ability of the Armed Forces to carry out their missions consistent with the new defense strategy; or (3) impede the ability of the Secretary of Defense and the Secretary of Energy to make and implement management decisions that eliminate unnecessary overhead or programs to ensure scarce resources are directed to the highest priorities for the national security. The overall funding level supported by H.R. 4310 would violate the Budget Control Act of 2011, the bipartisan agreement reached between the Congress and the President to put the Nation on a sustainable fiscal course. If the cumulative effects of the bill impede the ability of the Administration to execute the new defense strategy and to properly direct scarce resources, the President's senior advisors would recommend to the President that he veto the bill. The Administration looks forward to working with the Congress to address these and other concerns, a number of which are outlined in more detail below. As well, the Administration looks forward to reviewing a classified annex and working with the Congress to address any concerns on classified programs. Read more: http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr4310r_20120515.pdf

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The Administration 2 years ago

The National Religious Campaign Against Torture has joined with a coalition of religious, human rights, and civil liberties organizations in calling on President Obama to veto the FY 2013 National Defense Authorization Act (NDAA) over the restrictions on the transfer of Guantanamo detainees.   The prison at Guantanamo Bay is a symbol of torture and the denial of due process. While physical conditions in the prison have improved over the years, prisoners there still lack the right to a fair trial - a right that is basic to American values. Guantanamo remains a stain on America's reputation as a champion of human rights.   Please vote no on the NDAA unless the restrictions on Guantanamo transfers (Sections 1027 and 1028 of the 2013 NDAA Conference Report) are removed.

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December 19, 2012 Re: VETO the National Defense Authorization Act Because It Extends Restrictions on Transferring Detainees Out of the Guantanamo Prison Dear President Obama: The undersigned human rights, religious, and civil liberties groups strongly urge you to veto the National Defense Authorization Act for Fiscal Year 2013 (NDAA) because it would impede your ability to close Guantanamo. Specifically, the NDAA conference bill restricts the Executive Branch's authority to transfer detainees for repatriation or resettlement in foreign countries or for prosecution in federal criminal court for the full fiscal year. The objections the White House raised to the Guantanamo transfer restrictions in the Statement of Administration Policy on the Senate version of the NDAA--which were reiterated last week in a letter from the Secretary of Defense to the chairmen of the House and Senate Armed Services Committee--were in no way resolved by the conference bill. The transfer provisions that triggered both statements were left substantively unchanged. Your commitment to close the Guantanamo prison was a hallmark of your 2008 campaign and a signal to everyone, both across America and around the globe, of a renewed commitment to the rule of law. Your executive order, on your second full day as president, directing the government to close the prison should have heralded the end of the prison, but instead triggered a long series of failures and obstacles to its closure. There are still 166 detainees left at Guantanamo, and the promise of closing the prison remains unfulfilled. We appreciate that you publicly renewed your commitment to closing Guantanamo in public comments this fall, and we strongly believe that you can accomplish this objective during your second term. You can still make the successful closing of the Guantanamo prison an important part of your historic legacy. However, if the NDAA is signed with any transfer restrictions in it, the prospects for Guantanamo being closed during your presidency will be severely diminished, if not gone altogether. The current statutory restrictions on transfer expire on March 27, 2013. Those restrictions—which have been in place for nearly two years with zero detainees being certified for transfer overseas and zero detainees transferred to the United States for prosecution—are functionally similar to the restrictions in the NDAA bill pending in Congress. If extended for the entire fiscal year, then nearly a year of your second term could be lost, and the political capital required to start closing it later in your next term will be even greater. Now is the time to end the statutory restrictions on closing Guantanamo, by vetoing the NDAA because it extends them. When signing earlier versions of these restrictions into law, you stated, “my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future.” The restrictions have proven unworkable, and should not be extended for yet another year. There is broad support among national security and foreign policy leaders for closing Guantanamo. Your own national security and foreign policy leadership team shares your commitment to closing Guantanamo. The list of leaders who support closing the Guantanamo prison is long, and crosses party lines, including: former President George W. Bush, former Secretary of State Condoleezza Rice, former Secretary of State Colin Powell, former Secretary of Defense Robert Gates, former National Security Advisor James Jones, General Charles C. Krulak (ret.) former Commandant of the Marine Corps, General Joseph P. Hoar (ret.), former CETCOM commander, and Brigadier General Michael Lehnert (ret.), who set up the Guantanamo prison, and 25 retired admirals and generals. Closing Guantanamo is good human rights policy and good national security policy. We realize that there is a long tradition of the NDAA being enacted annually. However, an annual NDAA is not required for the Department of Defense to carry out its functions. The NDAA does not fund the Department of Defense, and all of its provisions can be either implemented by agency action or enacted as part of other legislation. Four of your five immediate predecessors--Presidents Carter, Reagan, Clinton, and George W. Bush--each vetoed an NDAA. Restrictions impeding the closing of the Guantanamo prison clearly warrant a veto by you. We believe that you will be far more likely to succeed in fulfilling your commitment to closing the Guantanamo prison if the transfer restrictions are allowed to expire on March 27. We strongly urge you to veto the NDAA, because it includes an extension of the restrictions on transferring detainees out of Guantanamo for either repatriation or resettlement overseas or prosecution in the United States. Thank you for your attention to this request.

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December 19, 2012 Re: VETO the National Defense Authorization Act Because It Extends Restrictions on Transferring Detainees Out of the Guantanamo Prison Dear President Obama: The undersigned human rights, religious, and civil liberties groups strongly urge you to veto the National Defense Authorization Act for Fiscal Year 2013 (NDAA) because it would impede your ability to close Guantanamo. Specifically, the NDAA conference bill restricts the Executive Branch's authority to transfer detainees for repatriation or resettlement in foreign countries or for prosecution in federal criminal court for the full fiscal year. The objections the White House raised to the Guantanamo transfer restrictions in the Statement of Administration Policy on the Senate version of the NDAA--which were reiterated last week in a letter from the Secretary of Defense to the chairmen of the House and Senate Armed Services Committee--were in no way resolved by the conference bill. The transfer provisions that triggered both statements were left substantively unchanged. Your commitment to close the Guantanamo prison was a hallmark of your 2008 campaign and a signal to everyone, both across America and around the globe, of a renewed commitment to the rule of law. Your executive order, on your second full day as president, directing the government to close the prison should have heralded the end of the prison, but instead triggered a long series of failures and obstacles to its closure. There are still 166 detainees left at Guantanamo, and the promise of closing the prison remains unfulfilled. We appreciate that you publicly renewed your commitment to closing Guantanamo in public comments this fall, and we strongly believe that you can accomplish this objective during your second term. You can still make the successful closing of the Guantanamo prison an important part of your historic legacy. However, if the NDAA is signed with any transfer restrictions in it, the prospects for Guantanamo being closed during your presidency will be severely diminished, if not gone altogether. The current statutory restrictions on transfer expire on March 27, 2013. Those restrictions—which have been in place for nearly two years with zero detainees being certified for transfer overseas and zero detainees transferred to the United States for prosecution—are functionally similar to the restrictions in the NDAA bill pending in Congress. If extended for the entire fiscal year, then nearly a year of your second term could be lost, and the political capital required to start closing it later in your next term will be even greater. Now is the time to end the statutory restrictions on closing Guantanamo, by vetoing the NDAA because it extends them. When signing earlier versions of these restrictions into law, you stated, “my Administration will work with the Congress to seek repeal of these restrictions, will seek to mitigate their effects, and will oppose any attempt to extend or expand them in the future.” The restrictions have proven unworkable, and should not be extended for yet another year. There is broad support among national security and foreign policy leaders for closing Guantanamo. Your own national security and foreign policy leadership team shares your commitment to closing Guantanamo. The list of leaders who support closing the Guantanamo prison is long, and crosses party lines, including: former President George W. Bush, former Secretary of State Condoleezza Rice, former Secretary of State Colin Powell, former Secretary of Defense Robert Gates, former National Security Advisor James Jones, General Charles C. Krulak (ret.) former Commandant of the Marine Corps, General Joseph P. Hoar (ret.), former CETCOM commander, and Brigadier General Michael Lehnert (ret.), who set up the Guantanamo prison, and 25 retired admirals and generals. Closing Guantanamo is good human rights policy and good national security policy. We realize that there is a long tradition of the NDAA being enacted annually. However, an annual NDAA is not required for the Department of Defense to carry out its functions. The NDAA does not fund the Department of Defense, and all of its provisions can be either implemented by agency action or enacted as part of other legislation. Four of your five immediate predecessors--Presidents Carter, Reagan, Clinton, and George W. Bush--each vetoed an NDAA. Restrictions impeding the closing of the Guantanamo prison clearly warrant a veto by you. We believe that you will be far more likely to succeed in fulfilling your commitment to closing the Guantanamo prison if the transfer restrictions are allowed to expire on March 27. We strongly urge you to veto the NDAA, because it includes an extension of the restrictions on transferring detainees out of Guantanamo for either repatriation or resettlement overseas or prosecution in the United States. Thank you for your attention to this request.

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Bill Summary

To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

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